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Terms of Service

Terms and conditions for using our services

Last updated: December 15, 2024

1. Acceptance of Terms

By accessing and using the services provided by The Art of Watch Collecting Australia ("Company," "we," "our," or "us"), you ("Client," "you," or "your") agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our services.

These terms apply to all services including but not limited to watch appraisal, authentication, collection management, restoration consultation, and related professional services.

2. Description of Services

We provide professional watch collecting services including:

  • Watch Appraisal: Professional valuation services for insurance, estate, or resale purposes
  • Authentication: Expert verification of timepiece authenticity and counterfeit detection
  • Collection Management: Comprehensive portfolio management and consulting services
  • Restoration Consultation: Expert guidance on timepiece restoration and preservation
  • Market Analysis: Investment advice and market trend analysis
  • Documentation Services: Professional reports and certification

3. Professional Standards and Qualifications

Our services are provided by certified professionals with appropriate qualifications and experience. We maintain professional standards through:

  • Ongoing professional development and certification
  • Adherence to industry best practices and ethical standards
  • Compliance with relevant professional body requirements
  • Regular review and updating of methodologies and knowledge

4. Client Responsibilities

As a client, you agree to:

  • Provide accurate and complete information about timepieces and your requirements
  • Disclose any known defects, modifications, or restoration history
  • Provide proper authorization for services (proof of ownership when required)
  • Handle timepieces with appropriate care during transport and evaluation
  • Pay fees in accordance with agreed terms
  • Use our services and reports in accordance with their intended purpose
  • Maintain confidentiality of proprietary methodologies and trade secrets

5. Fees and Payment Terms

5.1 Service Fees

Fees for services are established based on:

  • Complexity and value of timepieces
  • Scope of services required
  • Time and expertise involved
  • Any special requirements or rush services

5.2 Payment Terms

  • Payment is due upon completion of services unless otherwise agreed
  • Rush services require 50% payment in advance
  • Collection management services are billed monthly in advance
  • Late payment may incur interest charges at 1.5% per month
  • Disputes must be raised within 30 days of invoice date

5.3 Cancellation and Refunds

  • Services may be cancelled with 24 hours notice without penalty
  • Partial refunds may be available for services not yet commenced
  • Completed work and reports are non-refundable
  • Rush service premiums are non-refundable once work has begun

6. Limitation of Liability

6.1 Professional Opinions

Our services represent professional opinions based on examination, research, and expertise available at the time of service. We cannot guarantee:

  • Future market performance or investment returns
  • Absolute accuracy in all cases, particularly with sophisticated counterfeits
  • Discovery of all modifications or restorations
  • Outcomes of restoration or conservation work performed by third parties

6.2 Liability Limitations

Our total liability for any claim shall not exceed the fees paid for the specific service in question. We are not liable for:

  • Consequential, incidental, or punitive damages
  • Lost profits or business interruption
  • Decisions made based on our reports or advice
  • Actions or services provided by third-party service providers
  • Market fluctuations or changes in value after service date

7. Insurance and Bonding

We maintain appropriate professional liability insurance and bonding to protect client interests:

  • Professional liability insurance covering errors and omissions
  • General liability insurance for property damage or injury
  • Bonding for handling of valuable timepieces
  • Cyber liability insurance for data protection

Insurance coverage details are available upon request.

8. Confidentiality and Data Protection

We maintain strict confidentiality regarding:

  • Client identity and collection details
  • Valuation information and financial data
  • Authentication results and methods
  • Collection management strategies and holdings

Information may only be disclosed with your written consent or as required by law. See our Privacy Policy for detailed information handling practices.

9. Intellectual Property

All reports, methodologies, and proprietary information remain our intellectual property. Clients receive a license to use reports for their intended purpose but may not:

  • Reproduce or distribute reports without permission
  • Reverse engineer or copy our methodologies
  • Use our name or reputation for unauthorized purposes
  • Claim authorship of our work or analysis

10. Dispute Resolution

10.1 Informal Resolution

We encourage clients to first contact us directly to resolve any concerns or disputes. Most issues can be resolved through professional discussion.

10.2 Mediation

If informal resolution is unsuccessful, disputes may be referred to mediation through a mutually agreed mediator or mediation service.

10.3 Arbitration

Disputes not resolved through mediation may be subject to binding arbitration under the Commercial Arbitration Act in Victoria, Australia.

10.4 Legal Action

Any legal action must be commenced within 12 months of the dispute arising and shall be governed by Victorian law.

11. Force Majeure

We are not liable for delays or failure to perform due to circumstances beyond our reasonable control, including:

  • Natural disasters, pandemics, or government actions
  • Transportation delays or interruptions
  • Technology failures or cyber attacks
  • Supplier or third-party service disruptions

We will make reasonable efforts to minimize delays and communicate with affected clients.

12. Professional Standards Compliance

Our services comply with applicable professional standards including:

  • Australian Society of Valuers and Land Economists (ASVLE) standards
  • International Association of Watch Authenticators guidelines
  • Australian Consumer Law requirements
  • Professional liability and ethical standards

13. Termination

Either party may terminate ongoing services (such as collection management) with 30 days written notice. Immediate termination may occur in cases of:

  • Non-payment of fees
  • Breach of these terms
  • Fraudulent or illegal activity
  • Conduct that damages our professional reputation

Upon termination, all outstanding fees become immediately due and confidentiality obligations continue.

14. Modifications to Terms

We may modify these terms from time to time to reflect:

  • Changes in our services or business practices
  • Legal or regulatory requirements
  • Industry standard updates
  • Technology or methodology improvements

Material changes will be communicated with reasonable notice. Continued use of services constitutes acceptance of modified terms.

15. Governing Law

These terms are governed by the laws of Victoria, Australia. Any disputes shall be resolved in the courts of Victoria. If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.

16. Contact Information

For questions about these Terms of Service, please contact us:

The Art of Watch Collecting Australia

Level 15, 123 Collins Street
Melbourne VIC 3000
Australia

Email: [email protected]

Phone: +61 2 9555 7890

Watch Icon The Art of Watch Collecting

Australia's premier watch collecting and authentication service, serving collectors nationwide with expertise and integrity.

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